By. Sri. Jose. V. Thannikode, President:

The complaint is filed under section 12 of the Consumer Protection Act against the opposite parties to get the Aadhaar Card and to get the cost and compensation due to the non supply of Aadhaar Card.

2. Brief of the complaint:- The complainant enrolled for Aadhaar card in opposite party No.2's centre in the year of 2012 but till today the Aadhaar card could not received. When the complainant again approached the opposite party No.2, again and again the opposite party No.2 took his photos and charged Rs.40/- each. At last on 25.05.2015 the complainant approached the Regional centre of Akshaya at Kalpetta, they told that all the responsibility to issue Aadhaar card is to the opposite party No.1. So the complainant somany times telephoned to opposite party No.1 but there was no response in their telephone calls and complainant further says that due to the non supply of Aadhaar card the complainant could not apply for welfare fund pension and due to this the complainant lost subsidy on domestic gas, subsidy for agriculture, other bank loan and pan card. Hence prayed before the Forum to direct the opposite party to provide Aadhaar card and to pay Rs.50,000/- as compensation.

3. Notice were served to opposite parties and they appeared before the Forum and filed version stating that the complaint filed by the complaint is not maintainable either in law, facts and circumstances and non jointer of necessary parties to this case and is liable to be dismissed in limine. The complainant has suppressed, distorted and concealed vital and material facts germane to the issue. Aadhaar is a 12 digit individual identification Number issued by the Unique Identification Authority of India and enrollment for obtaining Aadhaar is free of cost and voluntary. The above said case doesn't come under the definition of consumer within the scope of Consumer Protection Act 1986, since the enrollment doesn't carry any cost or fee. This opposite party No.2 is only an agent for enrollment of Aadhaar. All the regulations and rules regarding the enrollment of Aadhaar is under UIDAI Bangalore. This opposite party No. 2 is working as an entrepreneur for enrollment of Aadhaar Card and it is done free of cost. The liability regarding the generation of Aadhaar Card comes under UIDAI Bangalore Akshaya centers Acts as facilitation agency for getting/obtaining various Government certificates such as Ration Card 23 types of revenue certificate, Aadhaar, Election ID card etc. to the public. The Aadhaar is an unique identification Number and it can he generated only once. The complainant enrolled it more than twice. No cause of action has arisen against this Opposite party as alleged in the complainant; and that this opposite party is not liable or responsible for any loss or damages as alleged in the complaint and is liable to be dismissed for the reasons stated above. The demand/ calculation made in the complaint is baseless, untrue and incorrect and the same are not admitted by this Opposite Party. The complainant is required to prove with sufficient evidence and documents submitted by him. It is denied that complainant had undergone mental agony and economic loss as alleged in the complaints. The complainant is put to strict proof of the same. The complainant has no right to claim any of the reliefs as stated in the complaint and is not entitled for the same . The complainant is put to strict proof of the same. This Opposite Party craves leave to add or amend the reply/version and file necessary documents before the final hearing of the complaint if necessitated. Hence it is humbly prayed that, this Honorable Forum may therefore be pleased to dismiss the complaint with compensatory cost to this Opposite Party.

4. Complainant filed proof affidavit and stated as stated in the complaint and he is examined as PW1 and Ext.A1 to A6 documents were marked. Ext.B1 and B2 documents were marked from the side of opposite party. Ext.A1 is the Enrollment receipt dated 07.12.2012. Ext.A2 is the Enrollment receipt dated 30.08.2011. Ext.A3 is the Enrollment receipt dated 22.06.2013. Ext.A4 is the Enrollment receipt dated 07.12.2012. Ext.A5 is the slip given by the opposite party No.2 dated 20.01.2015. Ext.A6 is the Copy of complaint given by the complainant to the District Collector. Ext.B1 is the copy of Memorandum of understanding between the Unique Identification Authority of India and the Government of Kerala for the implementaion of the UID Project. Ext.B2 is the copy of Office Memorandum.

5. On perusal of complaint, version and documents the Forum raised the following points for consideration:-

1. Whether there is any deficiency of service and unfair trade practice from the

side of opposite parties?

2. Relief and cost.

6. Point No.1:- The Government of India introduced an Aadhaar card scheme for all the citizens of India and government has spend crores of rupees for implementing the scheme Aadhaar is made mandatory for getting somany benefits from the government and it can be used as an identity card under different schemes of government and it is valid throughout the country and the Aadhaar will be helpful in availing governmental and non governmental service in future and Aadhaar is the Right of a citizen. It is true that the Government of India made it is mandatory for getting government subsidy for, domestic gas cylinder for which everybody should link Aadhaar with gas distributor and with a nationalized bank account of the customer. If it is done properly, the subsidy will be transferred directly to the customers bank account from the government. It is learned that the Government of India entrusted the opposite Parties to collect all the information from the citizens and to process and to supply Aadhaar card to every citizens of India, after giving necessary fees to Opposite Parties. In the guidelines of UIDAI it is stated that "the enrolling agencies are entitled to get payment for only those enrollments in which KYR and KYR + data captured without any mistakes and UID is allowed to the resident". "if Aadhaar is generated for a person the government will pay a fixed fees to the opposite party No.1 and further stated that for generating one aadhaar the opposite party No.1 will get Rs.35/- and it is further stated that if one person enrolled, a receipt and number will be given to the enrollee, that means the enrollee is enrolled and further stated that only after capturing the data's the receipts will be issued.

7. In the circumstances, without getting an Aadhaar card from the concerned authority ie 1^st and 2^nd Opposite parties, the complainant may cause so many difficulties day by day and may lose so many benefits from governmental or non governmental agencies, since they have no any other option to get the Aadhaar card.

8. On the contention made by 2^nd Opposite Party that the Complainant not paying any cost or fee for getting the Aadhaar will not lie, the opposite party No.2 already collected Rs.40/- each on all occasions as fees. Since the Government of India paying all the necessary fees to the concerned authority for issuance of Aadhaar card for all the citizens of India and it is specifically stated in the Guidelines of UIDAI Clause 2(8) that the enrolling agencies are entitled to get payment for only those enrollments in which KYR and KYR + data captured without any mistakes and UID is allowed to the resident. Clause 2(8) further stated that the enrollment agencies are not entitled to get enrollment charges for the enrollment in which bio metric and demographic data are captured below the UIDAI prescribed standards and hence the AADHAAR application will be rejected and it is the duty of 1^st and 2^nd Opposite Party to collect the required data from the enrollee and if the required data is not supplied by the enrollee, the Opposite Parties can very well sent back the enrollee and to advice him to come with full proper data. Here in this case after enrolling the Complainant, the datas of complainants successfully feeded by the Opposite Party 3 to 4 times. Thereafter on enquiry, after waiting years, the result

given by the Opposite Parties are that "your Aadhaar enrollment has failed". "Your Aadhaar card is under generation”. Please check back after few days etc. These are gross deficiency of service and unfair trade practice from the side of opposite parties.

9. 2^nd Opposite Party admitted in his version that he is the information collecting agent and for Aadhaar enrolling purpose and his duty is to send such information to 1^st Opposite party for verification, quality checking, duplicate checking and finally generating and issuing of Aadhaar card and number to the enrolled party through Indian Postal Service. And further stated that all the works, process for generation including making of Aadhaar card including the issuance of Aadhaar is solely done by Unique Identification Authority of India ie 1^st Opposite Party. This shows that the first part is to be done by the 2^nd Opposite party and the second part is to be done by 1^st Opposite Party. More over on analyzing the guidelines of enrolling agencies clearly mentioned the duties and responsibilities of opposite parties No.1 and 2 from the date of enrollment to the date of supply the aadhaar card to the enrolle.

10. Cause of action also arised at Mananthavady where the Complainants enrolled for getting Aadhaar and the Opposite Parties branch offices functioning in various place of Wayanad district and these facts are admitted by the Opposite Party in their version and not denied the exhibits which is produced by the Complainants.

11. The reasonable expenses and losses may occur for a person coming all the way for getting enrollment on various centers and somany occasion and enquiry. More over there is a loss of scholarship, gas subsidy, pan card, Agricultural subsidy etc.

12. The persons who made so many efforts and have eagerness for getting Aadhaar for somany months it may cause mental agony and economic loss. Since the Aadhaar is the right of the citizen and it can be used as an identity card under different scheme of government and the Aadhaar will be helpful in availing governmental and non governmental services, the Aadhaar card, which cannot be obtained by any other source, he has every right to get Aadhaar and the non availability of an Aadhaar after getting enrolled it may cause the Complainant loss and damages and hence the Complainant has the right to claim for such damages and reliefs.

13. As discussed above, after getting enrolled for so many times on the advise of the opposite parties by the Complainant and non supply of the Aadhaar card to the Complainant is a gross deficiency of service and unfair trade practice from the side of Opposite parties. Since all the opposite parties are jointly and severally responsible for processing & supplying the Aadhaar, they are jointly and severally liable to supply the Aadhaar. Hence the Forum found that the opposite parties No.1 and 2 are jointly and severally liable to supply the Aadhaar and also liable to pay cost and compensation and the Complainant is entitled for getting the Aadhaar card and the cost and losses sustained to him. The point No.1 is found accordingly.

14. Point No.2:- Since the point No.1 is found against the Opposite party No.1 &2. The Opposite Party No.1 & 2 are liable to supply the Aadhaar card if it is not supplied till date and to give the lost subsidy and cost and compensation and Complainant is entitled for the same. The point No.2 is found accordingly.

In the result, the complaint is partly allowed and the opposite party No.1 and 2 are jointly and severally directed to supply the Aadhaar card to the complainant if it is not supplied till this date within one month and also directed to pay Rs.3,000/- (Rupees Three Thousand) as compensation and Rs.2,000/- (Rupees Two Thousand) as cost of the proceedings to the complainant within 30 days from the date of receipt of this Order. Thereafter the complainant is entitled for 20% interest for whole the amount.

Dictated to the Confidential Assistant, transcribed by him and corrected by me and Pronounced in the Open Forum on this the 28^th day of September 2015.

Date of Filing: 04.06.2015.

PRESIDENT :Sd/-

MEMBER :Sd/- MEMBER :Sd/-

/True Copy/

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PRESIDENT, CDRF, WAYANAD.

APPENDIX.

Witness for the complainant:-

PW1. Varghese. Complainant.

Witness for the Opposite Parties:-

Nil.

Exhibits for the complainant:

A1. Enrollment Receipt. Dt:07.12.2012.

A2. Enrollment Receipt. Dt:30.08.2011.

A3. Enrollment Receipt. Dt:22.06.2013.

A4. Enrollment Receipt. Dt:07.12.2012.

A5. Slip.

A6. Copy of complaint given to District Collector.

Exhibits for the opposite parties:-

B1. Memorandum.

B2. Office Memorandum. Dt:24.12.2014.

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PRESIDENT, CDRF, WAYANAD.

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